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Monday, Sep. 24, 2007

Second Chances

Amid complaints that policies were subjective, overly strict, new focus put on intervention

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Mariah Gullatt might be Modesto City Schools' most notorious 17-year-old girl.

The Modesto High School senior has hopped from school to school since her sophomore year. She's been suspended and nearly expelled after being accused of poking a campus supervisor during a confrontation.

That expulsion, for assault, was thrown out. But not before Mariah missed more than two weeks of school.

  •   Conduct Code infractions
  • AT A GLANCE

    WHAT'S CHANGED: The district has lightened penalties for students who violate the conduct code. The lighter penalties are for minor infractions, such as eating in class. The changes include more intervention and second chances.

    WHAT'S THE SAME: Officials still will recommend students for expulsion for brandishing a knife, sexual assault, selling a controlled substance, possession or sale of firearms, or possession of an explosive.
  • NEW RULES

    Modesto City Schools has a new student conduct code this year that officials say will give more second chances to misbehaving students. The goal is to keep more students in school and on track to graduate.

    TARDIES
    Old: As late as the 2005-06 school year, administrators gave home suspensions to students who were tardy eight times or more per quarter in a single class. Giving home suspensions for tardies is not allowed under California's education code.
    New: A fourth tardy results in a 30-minute, in-school detention. Subsequent violations mean Saturday school or an in-school suspension.

    GANG-RELATED APPAREL
    Old: A student may be suspended for five days on the first offense and recommended for an alternative education placement or expulsion. Only two examples of gang-related clothing or accessories were given, including bandannas and cloth belts with metal buckles.
    New: The board added other examples of gang-related apparel after consulting with the Modesto Police Department. Those examples include: red or blue cloth belts with or without punched-out buckles, red or blue shoelaces, red Giants or Oakland Raiders apparel, notched eyebrows indicating 13 or 14, some styles of hair braiding, and the use of blue or red hair bands, bandannas, do-rags, T-shirts with creased sleeves, or creased down the center and split pant cuffs.

    SUSPENSIONS
    Old: Home suspensions may be given for second offenses of disobedience or dress code violations, such as being caught eating in class or wearing inappropriate clothing.
    New: Those who violate these rules first receive a warning. Second and third offenses bring alternative consequences such as counseling or detention, then a one or two-day in-school suspension if another offense takes place.

Modesto High teachers, many of whom never had Mariah in class, stormed a board meeting in protest, unhappy with the decision and saying they needed tougher discipline to do their jobs. West Modesto activists and parents countered that administrators had overstepped the bounds of the conduct code in disciplining Mariah.

Faced with criticism that student discipline rules were too harsh and often subject to interpretation by administrators, district officials have lightened penalties for studentS who violate the district's student conduct code.

The lighter penalties are for the more minor infractions, such as swearing, eating in class and disobeying a teacher.

"They want the Peter and Priscilla Perfects, but if you're going to work at this school, you're going to have to deal with the harder kids," said Mariah's mother, Jai Gullatt. "When a kid has a troubled history, we need to find where the trouble starts from before we suspend them."

So how did Mariah's trouble start?

She was her junior high class's vice president and earned "The Panther Award" from her freshman year math teacher for being an outstanding student. The Panther is the Modesto High mascot.

But Mariah said she had a nasty temper, which erupted two years ago in front of administrators after she said a classmate harassed her for months, daring her to fight, throwing a soda on her and calling her "a white devil" for being half-white, half-black.

"It was overwhelming," Mariah said. "I thought, 'Nobody's doing anything.' I just lost it and took it out on everybody."

Mariah said that was the first mark on her record, for defiance of authority and using bad language.

Administrators say they can't speak about Mariah's case because of confidentiality, but they say changes to the conduct code this year include more intervention and second chances for troubled students.

Making a deal to improve

Among the tools being used are probation contracts, which allow students to sidestep suspension if they improve their grades and behavior or attend counseling for anger management.

The old version of the code resulted in more missed days of school for minor offenses, such as dress code violations. Some rules, such as giving home suspensions to students who are habitually tardy, violated state law.

"Our goal is to keep kids on campus and in class if they're not hurting anyone and not being disruptive," said Marlin Sumpter, director of child welfare and attendance.

Two other things moved the district to change the code: an American Civil Liberties Union report and years of outcry from community activists who claimed Modesto schools punished black and Latino students more frequently and harshly than their white peers. Some rules, such as defiance and disobedience, were so nebulous it was easy for administrators to apply them differently, parents said.

The ACLU, in a letter to then-Superintendent Jim Enochs earlier this year, claimed records showed the district expelled and suspended students of color at higher rates than white students.

"There is compelling evidence of significant and persistent racial inequalities in discipline," read a letter from the ACLU. "This is not a new problem in the district."